Anytime you are suspected of driving under the influence Kansas law enforcement can lawfully request that you submit to testing. If you either refuse or physically cannot complete roadside test, the officer may request that you to submit to a blood test. However, this is a request not something they can automatically force you to do. If you agree to your blood being drawn you likely will waive all potential objections to the findings. If you refuse to allow your blood to be drawn the officer must request a search warrant to complete the task over your objections. Similarly, if you require medical treatment related to an accident, injury or illness the Kansas police cannot force the hospital to draw, or release, your blood without a valid warrant. In fact, if your blood was gained by law enforcement unlawfully, the related results may be inadmissible in the case against you. While you have the right to refuse, and if your blood sample was not collected or provided to the police immediately, just know that the Court's have the authority to issue warrants to the hospital (weeks and months later) if cause is established.
Remember: It is your right to refuse DUI roadside testing and/or blood testing; however, driving is a privilege not a right. You may have separate consequence, related to your driver's license, for refusing. Click HERE for more information.
Whether you submitted to roadside or blood DUI testing (even if you failed), or refused, you still may have defenses. Call Attorney T. Morton TODAY to find out more about hiring a DUI defense attorney (913) 602-7288. Payment plans are available.